vol. 7, no. 3

AMERICAN CIVIL LIBERTIES UNION-NEWS

FREE SPEECH FREE PRESS FREE ASSEMBLAGE

“Eternal is the price of liberty.”

Vol. VII SAN FRANCISCO, CALIFORNIA, MARCH, 1942 No. 3

LIBERTIES FACE SUSPENSION

Policy On Impending Martial Law Debated; State Conference Set

The unprecedented order of the President empowering the Army to establish virtual martial law in any or all parts of the United States raises serious and troublesome civil liberties questions on which we find considerable disagreement among the various members of our local Executive Committee. Under the President’s order, not only enemy aliens, but friendly aliens and citizens as well may be excluded from military areas that may hereafter be designated by the Army. No one questions the right of the govern- ment to intern enemy aliens or to impose lesser restrictions upon them. At the same time, there is no doubt that the President’s order has the effect of suspending certain rights and immunities guaranteed by the Constitution to friendly aliens and citizens. it had been assumed heretofore that such fundamental rights could not be suspended during war-time because, as was said by the Supreme Court in Ex parte Milligan, decided at the close of the Civil War, “The Constitution of the United States is a law for rulers and people, equally in war and in peace. ... No doctrine is more pernicious than that any of its great provisions can be suspended during any of the great exigencies of government.”

Opposing Contentions

It has been contended, however, that the need for the extraordinary action taken by the President is clear, and that the entire country has become a virtual combat zone which should be entrusted to the care and control of the military. On the other hand, it is argued that martial law in any form may not legally be declared while the civil government is functioning and the courts are open for business.

Roger Baldwin, in a telegram that was received as we went to press, declares that the “Executive order concerning military control of prescribed defense areas is un- doubtedly legal in principle but may readily result in illegal action. Our position should be to prevent injustices both to aliens and citizens against whom reasonable grounds for removal are not established. System should provide for hearings in individual cases as with enemy aliens now detained with resort to habeas corpus when relief cannot be obtained from Army authorities.”’ It is hoped that there may be an interpretation or clarification of the President’s order giving some indication of how it will be applied.

Calif. A.C.L.U. Branches Confer

Fiye representatives of the Northern California branch of the Union will meet with delegates of the Southern California branch of the Union in Fresno on March 1 to dis- cuss the Union’s position with reference to the President’s order and to consider other problems arising out of the parlous times... In the meantime, the A.C.L.U. has taken issue with the State Personnel Board over its new regulation suspending certification of all citizens on the civil service lists who are descendants of enemy aliens, pending an investigation of their loyalty. Attorney General Earl Warren declared the Board’s action to be a violation of the equal protection clause of the Fourteenth Amendment (see his opinion printed elsewhere in this issue) but the Board has nevertheless pro“ceeded to issue 10-page questionnaires to all State employees and those on the eligi(Continued on Page 3, Col. 2)

SAILORS NOT ALLOWED TO RETURN TO THEIR HOMES IN HAWAII

About one hundred seamen, ‘citizens of Japanese extraction who reside in the Hawaiian Islands, are stranded in San Francisco. They have been refused permission to return to their homes and are no longer allowed to work on American vessels. A few have found employment in agriculture through the U. 8. Employment Service, but in the main the men are unemployed and almost destitute.

CALIF. ANTI-LABOR ORDINANCES CHALLENGED IN THE COURTS

Constitutionality of Redding’s ordinance requiring licensing of union organizers is being tested in the courts. A test case was recently arranged under which James Por- terfield, A. F. of L. official, was charged with failure to pay the $25 license fee. Porterfield has been released on $100 bail. The ordinance was adopted by referendum in 1938, but has never been enforced.

The A. F. of L. has also brought suit to test the constitutionality of ordinances adopted recently in Modesto and Tulare outlawing “hot cargo” disputes and secondary boycotts. A similar ordinance was repealed in Santa Rosa last January, a week after a test suit was filed by the A. F. of L.

In Orange county last month, sponsors of a similar “hot cargo” ordinance requested the Board of Supervisors to table the proposal to prevent “legal complications” which might interfere with the campaign to adopt the Hot Cargo law at the elections in November. They were apparently fearful that a court test would result in such a law being invalidated.

Palm Springs last December adopted an ordinance requiring all pickets to secure permits from the Chief of Police. Under the law, applicants must furnish photographs and submit to fingerprinting. Before a permit is issued, the Chief must. be satisfied that the ‘‘public interest and general welfare will not be injured.”’

Board Appeals Socialist School Case To Supreme Court |

The San Francisco Board of Education has appealed the Socialist school case to the California Supreme Court. Its petition argues that while “The legislature has au- thorized the use of school buildings to outside organizations under certain conditions; there is a grave doubt as to the constitutionality of such legislation. However, if it should be assumed and should be held that such legislation is constitutional, then it is the position of respondents that the provisions of law are not mandatory but only discretionary so far as the governing boards are concerned; that the rule of respondents which denies the use of school buildings | for sectarian, political, or partisan purposes = is a reasonable rule and regulation for the — government of public schools.” : The District Court of Appeal on Decem“ber 29, held that the Socialist Party could not be banned from the use of a civic center, and that boards may not discriminate against groups because of their views. A.C.L.U. Attorney Wayne M. Collins has filed a brief in support of the lower court’s ruling, and a decision is expected momentarily on whether the Supreme Court will entertain the appeal.

RACE DISCRIMINATION IN S. FP. BOILER MAKERS UNION

Last month the International Brotherhood of Boiler Makers, etc., Local 6, San Francisco, refused to accept a citizen of Japanese extraction into membership. As a result, the man lost his job as a welder at the Bethlehem Shipbuilding Corp., which he had held since November 27. The employer will be glad to put him to work, if he can secure clearance from the Union. The Minority Groups Branch of the War — Production Board has agreed to investigate the case.

The man had already paid his initiation fee of $25, but the money was returned to him on the ground that the International refused to accept him into membership be-. cause of his race. Upon direct inquiry, however, the International claimed it knew nothing about the case. :

ARMY AND NAVY CRACK DOWN ON CIVILIAN PERSONNEL

With the granting of extraordinary powers to the Army and Navy, civil service reg- ulations safeguarding the rights of civilian employees of those services have become inoperative. Three men have recently been suspended without any reason being assigned. The employees are unable to account for their dismissals, and officials refuse to talk. In another case, one of the civilian personnél of the liner Lurline, which is chartered to the Army, was refused permission to sail, apparently because he is of German extraction.

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Reports Elections

Despite the most ‘“‘dreadful struggle our country has ever known Americans have preserved their liberty and freedom,” Rev. John Haynes Holmes, ‘chairman of the Board of Directors of the American Civil Liberties Union, said at the annual meeting and report of elections of the Union at the Town Hall Club in New York City on February 16. ‘It would be easy to become discouraged at the dark prospect of a world at war,” Mr. Holmes said, ‘“‘but it would be a betrayal of what is true if we did not acknowledge and proclaim what is of such consequence to the Civil Liberties Union— that America is fighting a war, as England has fought it for two years gone by, without the loss of liberty.”

Dr. Holmes pointed out that opinion is free, the organs of public expression are at work, and the government is ‘‘conscientious and vigilant” in the protection of the people’s rights. “This does not mean that the fight for civil liberties is won,” Dr. Holmes gaid. There are some unhappy things taking place. “But it does mean that we are enjoying as large a measure of civil liberties as we deserve, and are still free, even in war-time, to fight against their abridgement, denial, and outrage.”

Sharp Contrast With World War I

Roger N. Baldwin, Union/ director, who also spoke at the meeting, said conditions in this war are in “sharp contrast with the mob violence, persecution, repression and fear of World War I.” He attributed this startling improvement to three causes: first, there is comparatively slight opposition to this war, while in 1917 a formidable opposition existed; second, the Supreme Court has established civil rights on firmer legal foundations in recent years, and the Attorney General and other governmental of- ficials and agencies have protected them; and third, public opinion, intolerant in the first World War, is markedly tolerant to

Another speaker at the meeting, Quincy ‘Howe, chaiman of the National Council for Freedom from Censorship, said that censorship conditions, in view of the war, were “amazingly good, and left little to be desired from the government.” Mr. Howe said that “he could only express the wish that motion picture and radio producers would show more enterprise in using the freedom which they enjoy.” : Other speakers, reporting for standing committees of the Union, were Carl Carmer, author and member of the board, for the Committee on Education for Civil Liberties; Prof. Karl N. Llewellyn of Columbia Uni- versity Law School, chairman of the Committee on Academic Freedom; Alfred Bingham, editor and board member, reporting for the Committee on Democracy In the Trade Unions; Rev. Allan Knight Chalmers of the National Committee on Conscientious Objectors; and Thurgood Marshall, N. A. A. C. P. counsel and board member, who reported on Negro problems.

New Board Members

--The following new members were reported elected to the Board: Prof. Paul Bris- senden of Columbia University ; to the National Committee: Stephen Vincent Benet, author;Henry Seidel Canby, editor of the Book of the Month Club; John Dos Passos, author; Rep. Thomas H. Eliot of Massachusetts; Malcolm 8. MacLean, president of Hampton Institute, Virginia ; John P: Marquand, author; and Dr. William Lindsay Young, president of Park College, Mo.

STUPENDOUS LOS ANGELES

According to a recent Associated Press story from Los Angeles, Supervisor William A. Smith plans to introduce a resolution before the Board of Supervisors which, if adopted, would make it a crime to engage In conversation in Japanese, German and Italian languages in public places in Los Angeles county. Such a law, Mr. Smith declared, ‘would tend to curb discussions in public of subversive activity plans.

A.C.LU. Annual Meet No Free Speech Issue In MeWilliams Case, Union Finds

The conviction of Joe McWilliams, New York leader of the American Destiny Party, for disorderly conduct in addressing a street meeting in New York City last July involved no issue of free speech, the American Civil Liberties Union finds in adopting a report submitted by the New York Committee. The Union recently concluded a study of the’case and adopted a statement of principle for guidance in future instances where similar charges are brought against speakers.

McWilliams, a notorious anti-Semite, was convicted last September, but the verdict was later reversed on a legal technicality. The record of the first trial showed that the street meeting of some 400 persons was guarded by 35 patrolmen, that there were several fights, and that in one instance an individual pointed out by McWilliams from the platform was physically attacked by the crowd.

Stenographic reports and observers’ notes from 39 other McWilliams meetings revealed that the speech for which he was convicted was ‘‘one of a general type,” the Union study said, and that all his speeches were “inflammatory” and provocative. Only the “‘more than adequate attendance of New York City police’ kept down the number of violent incidents at McWilliams meetings, the study concluded. The Union found McWilliams’ arrest and conviction ‘‘a proper exercise of the state’s duty to preserve the public peace,” and adopted the following statement of policy:

“We do not consider it an infringement of civil liberties when a speaker at a public meeting is convicted of disorderly conduct, despite the absence of any overt acts of ac- tual disorder, if the language he used was so abusive, vilifying, or threatening and so exceeded the reasonable bounds of orderly public discussion as to create a clear and present danger that acts of violence would be committed by persons in the audience against the persons who were the objects of the speaker’s abuse. The Union takes the position that the burden of proving that there had been a clear and present danger rests upon the prosecution at the time of trial.”

Bill of Rights For Teachers Drafted By A.C.L.U.

Educational progress is best assured if “teachers may be dismissed only for specific misconduct,” the New York City Committee of the American Civil Liberties Union says in a recently adopted Bill of Rights for Teachers. The Bill of Rights was drawn up in response to the problems raised by the Rapp-Coudert Committee investigating New York Schools, and the consequent dismissals of teachers for alleged ‘‘subversive views or Communist activities.’ Pointing out that academic freedom exists “not | only for the protection of the teachers who enjoy it, but for the society which they serve,” the Committee summed up its position in the following points:

1. The teacher’s freedom in investigation should be restricted only by the demands of his assigned teaching duties.

2. The teacher’s freedom in presenting his own subject in the classroom or elsewhere should not be impaired, except in extraordinary cases by specific stipulations in advance, fully understood and accepted by both the teacher and the institution in which he gives instruction.

3. The teacher, when he speaks or writes outside of the institution on subjects not within his own field of study, is entitled to precisely the same freedom and is subject to the same responsibility as attach to all other citizens.

4. No teacher should be dismissed or otherwise disciplined because of his beliefs or membership in any lawful organization. Charges of improper actions by a teacher should relate to specific instances of asserted misconduct. They should not be based merely upon inferences drawn from the fact of organizational affiliations of a legal character.

5. The contention that certain organizations impose obligations on their members inconsistent with their duties as teachers, is no ground for disciplining them. If this contention is as all embracing as it is supposed to be, then the teachers’ conduct will produce grounds for disciplinary action; if not, the universality of the statement is open to such serious question that disciplinary action is not warranted on mere membership alone.

RUGG-BEATING SPREADS TO SAN FRANCISCO

The San Francisco Public Welfare Council has complained that six social studies texts used in the local junior high schools contain subversive material. The Board of Education announced that it will be glad to hear the views of the council, but asked the group to be more specific in its objections.

Regulations For C. O.'s Liberalized —

Recommendations for the handling of conscientious objectors long urged by the American Civil Liberties Union and others are embodied in a series of amendments to draft regulations recently adopted. Under the new regulations Brig. Gen’l Hershey, draft law administrator, has been authorized to establish government operated work camps for C. O.’s with funds provided by the government, and to pay camp workers. a small monthly allowance, Se Under the system previously in effect. camps were run by the National Service Board for Religious Objectors, a private — agency, and camp workers were required. to pay $35 per month for their own maintenance. ‘The Union had pointed out to Brig. Gen’l Hershey that these camps, run by religious groups, could be criticized on grounds of their denominational character, and because C. O.’s were obliged to pay their own maintenance while doing useful. work.

The new regulations authorize the payment of maintenance and allowance of up to $7.50 per month to camp workers, for work performed under the direction of Federal civilian agencies, such as the Department of Agriculture. The regulations also stipulate that C. O.’s shall remain in the camps until six months after the termination of the war or the demobilization of the armed forces.

A proposal supported by the Union that C. Ons should be allowed to engage in service outside the camps, was also em. bodied in the new regulations. Two groups of objectors have already been released for foreign service, one for reconstruction in — Great Britain, and the other for China.

TWO PACIFIST TEACHERS LOSE POSITIONS

Chalmer Johnson, Porterville school teacher, who refused to sell defense bonds and stamps to his students, has been dis-. missed from his position, but the local school board has agreed to pay what it owes him on his contract. Johnson is a member of the Church of the Brethren, one of the country’s historic peace churches. In a similar case, Florence Auernheimer, Reedley kindergarten teacher and a member of the pacifist Mennonite church, resigned her position upon request.

The Treasury Department, which has been consulted, takes the explicit position that they want no coercion whatever in selling defense stamps or bonds in the schools or out. Their attention has been called specifically to the Porterville and Reedley cases.

2.

Suspension of Pacifist School Teacher Lifted

Ronald Chinn, American history teacher at the Sacramento Senior High School, was suspended from his position last month. after being classified as a conscientious ob- jector by his local draft board. Subsequently, the Board of Education voted to lift the suspension but promised to assign Mr. Chinn to ‘‘some other type of work where teacher attitudes do not enter in, such as curriculum work.”

At the same time, the Superintendent of Schools stated that he would refer Mr. Chinn’s case to the state board of education to determine whether Mr. Chinn violated his teacher’s oath by being a conscientious objector.

Mr. Chinn is a member of one of the country’s historic peace churches, the Quakers. He expects to be assigned to a Civilian Service Camp sometime in the near future. His pacifism ‘was called to the attention of the Superintendent of Schools by a letter from his draft board. “We are prompted by the circumstances,” said the Board, ‘‘to express the feeling that perhaps this man has completely disqualified himself for the purpose of teaching subjects to which he claims to have been assigned (American history and Americanization) and it is the hope of the members of this local draft board to determine whether it will be the policy of your department to leave this type of instruction in the hands of this type of instructor.”’ The board released its letter to the press.

The A.C.L.U. has called the draft board’s letter to the attention of the director of the Selective Service System. While lists of conscientious objectors constitute a public record, the Union insisted that a draft board had no right to disclose the contents of Mr. Chinn’s file to anyone, publicize the case ‘or seek Mr. Chinn’s dismissal. The Selective Service System has advised the Union that the matter has been taken up with the Director of Selective Service of California.

The School Board’s consideration of the case was quiet and dignified. One of the board members remarked that the “very thing for which Mr, Chinn stands is what we are fighting for today ... He deserves our respect.”

One student testified that ‘‘Mr. Chinn has never said anything about his religion in his classes. No one knew he was a Quaker until this matter came up.” This student’s statement was substantiated by one of the board members whose daughter was a student of Mr. Chinn’s. Arthur Foote, Stockton Unitarian minister, also appeared in Mr. Chinn’s behalf. :

Mr. Chinn’s fellow Quaker, Herbert Hoover, upon learning about the case wrote, “It seems to me that it is an outrage. But you will find that there is a spirit of intolerance running throughout the country that must be expected when people get nto Ware 2 2.

POST OFFICE CENSORSHIP CASE SETTLED

The arbitrary censorship powers vested in the Post Office Department are highlighted in a recent ban on the Townsend National Weekly by the Chicago Post Office, which refused to accept the old age pension paper for mailing, because it criticized the government’s methods of financing the war.

Attorneys for the Chicago Civil Liberties Committee got into action, and the Town- sendites made strong representations in Washington. The ban was lifted two days later.

The American Civil Liberties Union pointed out that under the present Post Office set-up postal officials may bar any publications from the mails which they consider in any way is unlawful. The Union is urging the creation of an independent board of censorship to determine Post Office action.

Vigilante Outbreak In Siskiyou County

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Against Jehovah’s Witnesses

The American Civil Liberties Union has received the following report of vigilante activity in Mount Shasta, Siskiyou county, from the Weed, California, Company of Je- hovah’s Witnesses: :

“On February 7, 1942, five of Jehovah’s Witnesses were distributing the Consolation magazine on the streets of Mount Shasta, California. One Frank Melo, fire chief of said city, came up to one of said Witnesses (May Yandell) and said, ‘Lady, you better get off the street. There’s liable to be an accident.” Then three men, Frank Melo, mentioned above, Grover A. Roush, proprietor of the ‘Veteran Club Bar,’ and a member of the American Legion, and another man as yet unidentified approached another witness (Ruth Esposito). ‘You better get out of town. We'll give you twenty minutes to get out.’ Melo said, ‘We mean business.’ Another man as yet unidentified came up to another Witness (Ralph Esposito) from behind, grabbed a magazine out of the Witness’s hand and tore it up.

“The last mentioned incident occurred where it could be seen and admittedly was seen by Chief of Police, Vernon Davenport (who is also a member of the American Legion) who was standing on the lawn of. the Police station. The Witness, Ralph Esposito, started over toward the Chief of Police who turned and walked toward the Police station. Mr. Esposito asked the Chief

LIBERTIES FACE SUSPENSION

(Continued from Page 1, Col. 2)

ble lists with Japanese-sounding names. Citizens of German and Italian extraction will come under scrutiny at some future time. Suit To Be Filed Against Personnel Board The Executive Committee of the A.C.L.U. has authorized the filing of legal action to test the Personnel Board’s resolution. The suit will be filed as soon as an appropriate case is found.

Also noteworthy are rulings of the Attorney General holding that business and professional licenses of enemy aliens may not be suspended under the Trading With the Enemy Act.

In Los Angeles, city and county officials have compelled their Japanese civil service employees to take leaves of absence, but a half dozen employees of the Board of Equalization in Los Angeles declined a similar request of Board member Bonelli.

UNION TO AID APPEAL IN TOPEKA FLAG SALUTING CASE

The American Civil Liberties Union is supporting the appeal of Mrs. Lucille Myer, Topeka, Kansas, Jehovah’s Witness, senteneed to one year in jail for urging her children not to salute the flag during public school patriotic exercises. Mrs. Myer was sentenced by the Juvenile Court of Shawnee County, Kar., December 15, and two of their children, aged nine and fourteen, were adjudged delinquents and ordered removed from their home and placed in the custody of the County Probation Officer.

The case arose after Topeka public schools barred the two children for their refusal to salute the flag, and Mrs. Myer, a widowed houseworker was unable to afford private schooling. The children were declared delinquent for failure to attend school and Mrs. Myer was charged with contributing to their delinquency.

Despite the adverse decision in a flag saluting case by the United States Supreme Court last year, courts, notably .in New Hampshire and Massachusetts have since ruled that children who are barred from school for failure to salute the flag may not be adjudged delinquent. A similar case is scheduled for hearing in the New Jersey Supreme Court in the near future.

several state supreme

Senator Pepper’s bill.

of Police to arrest the man for unlawfully taking his property. The Chief answered, “We can’t do that.’

“As a mob was gathering by this time, the Witness also asked for Police protection; but the Chief answered, ‘I am busy,’ in an unconcerned manner. By this time a mob of about twenty men had gathered in the Police station. Roush hit Witness Esposito in the presence of Chief Davenport and a state Highway Patrol officer. The Highway Patrol officer said to the Witness, ‘You better go,’ and held the mob back until the Witness got almost to the sidewalk.

““Members of the mob, whose names we may be able to obtain, cursed Witness Ralph Esposito, hit him in the head and dragged him to his car. Also dragged Witness Mrs. Roberta Elphick to the car. All of this time the officers stayed inside of the Police station watching out of the windows.”’

District Attorney Charles E. Johnson is quoted by the Siskiyou Daily News as saying, ““They have no business on the streets peddling their publications if they contain seditious writing and attack other religions and organizations. ... Naturally, under the laws of this Democracy we have to provide protection from harm to these people... The A.C.L.U. has suggested that it is the District Attorney’s duty to prosecute the vigi- lantes who attacked the Witnesses.

UNION STUDYING PRESS RADIO RELATIONS

The board of directors of the American Civil Liberties Union has announced that a study is being made of radio station ownership by newspapers, recently presented in hearings before the Federal Communications Commission. A major controversy is developing over public policy. .

The Board statement says: “The public policy involved in the ownership of radio stations by newspapers is being examined by a committee of the American Civil Lib- erties Union under the chairmanship of Quincy Howe, and its recommendations will be submitted to the Board of Directors shortly. The Union will examine it solely from the point of view of the effect of ownership on freedom of opinion. The Union has already commended the Federal Communications Commission for its order refusing to grant new licenses to newspapers: during its current study.

“Meanwhile members of the Union’s committees and legal staff have expressed varying personal views concerning the issue. Morris L. Ernst and Arthur Garfield Hays, general counsel for the Union, testified before the F. C. C., taking divergent personal positions. It is expected that the Union’s official position will take into consideration a number of conflicting views in an effort to arrive at an agreed basis for a public policy.”

HEARINGS ON POLL TAX ABOLITION FIXED

Support for a bill to abolish the poll tax (S. 1280.) introduced in the Senate by Sen- ator Claude Pepper of Florida is being organized by the American Civil Liberties Union and interested agencies. Hearings on the bill are scheduled to start before. a subcommittee of the Senate Judiciary Committee, headed by Senator O’Mahoney of Wyoming, on March 5.

The Union has long opposed the poll tax: as a limitation of the franchise of millions of workers and farmers in the eight South| ern states where it is in effect. The present Senate bill, if passed, would abolish the poll tax in electing federal officers only, but the practical difficulty of distinguishing elections would make it operative for all officers.

All friends of civil liberty are urged to write their Senators expressing approval of : supervision.

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Union States Position On Proposed WireTapping Bills

The American Civil Liberties Union recognizes that because of the present war sit- uation it is appropriate that Congress should, during the existence of war, relax the prohibition against wire-tapping now contained in Sec. 605 of the Communications Act. We do not, however, believe that either of the proposed bills (H. J. Res. 283 and 273) is in proper form.

1. The provisions permitting wire-tapping in connection with “‘attempts or plans to interfere with the national defense” as stated in the one bill, or “with the national security and defense” as stated in the other, are too vague to be desirable legislation. While it is true that each bill somewhat limits this vagueness by referring to spe- cific crimes such as sabotage, treason, etc., each bill includes in addition to enumera- tion of the specific crimes the words “or in any other manner.” We believe that the inclusion of these words makes the whole bill too vague and uncertain of application. We suggest, therefore, that these words be eliminated; and also that the bill be limited to the war period.

2. We have one other fundamental objection to both bills. No. 273 permits the wire-tapping merely on the direction of the various departments involved; 283 permits it on authorization of the Attorney General. We do not believe that it is desirable that such great power to interfere with the privacy of the people should be given to any executive officer without judicial supervision.

We recommend, therefore, that authorization to tap .wires be restricted in the same way as the State of New York has restricted wire-tapping by the recent consti- tutional amendment, Art. 1, Sec. 12, which provides for the issuance of ex parte court orders upon oath or affirmance ‘“‘that there is reasonable ground to believe that evi- dence of crime may be thus obtained” which particularly identifies the wires to be tapped and the person whose communications are to be intercepted. Only by the use of some such method can the right to tap wires be properly restricted. Indeed, without such method no person whose wires were improperly tapped could challenge such action of the law-enforcing agencies.

3. We also venture the opinion that Congress has no power, because of the restric- tions of the Fourth Amendment, to authorize wire-tapping except under such judicial We recognize that this has been otherwise decided in the Olmstead case, 277 U.S. 488. However, the Supreme Court has in Goldman v. U. 8. under consideration the question of overruling the Olmstead case. And it is conceivable that the court may, if it overrules the Olmstead case, indicate that wire-tapping is permissible, but only under some form of judicial supervision. The Goldman case (962 of the October Term, 1940) was argued on Feb. 5 and 6, 1942. We suggest, therefore, that no legislation be enacted until the Supreme Court has decided that case, because of the ‘possibility that the constitutional power of Congress may be affected by that decision.

The foregoing statement has been filed by the Union with the Chairman of the Judiciary Committee, Hon. Hatton W. Sumner, House Office Building, Washington, D.C. We trust our members will support the Union’s position with prompt letters to Mr. Sumner.

State Personnel Board Viilstes Civil Liberties, Says Warren

Following i is Attorney General Earl Warren’s opinion concerning the constitutional- ity of the Personnel Board’s recent discriminatory action against citizens of Japanese, German and Italian extraction: I have before me your letter of February 5, 1942, reading as follows:

“My office is besieged with constituents of mine in the Latin Quater, who seek my advice as to whether the action recently taken by the Personnel Board, with reference to descendants of nationals of countries with which the United States is at war, will operate against naturalized American citizens of German and Italian birth and against American born citizens of the first generation, whose parents, whether naturalized or not, came from either of these countries. If so, is such action legal? “I would be very thankful to you for an early reply.”

Board’s Minutes Not Yet Available

I have been unable to secure a copy of the order of the Personnel Board for the reason that the minutes of the Board have not yet been made public. However, instructions issued under the directions of the Board to its staff state that the Board’s action applies to and will eventually be enforced against all naturalized citizens and native born citizens who are descendants of nationals of countries with which we are now at war, which includes American citizens of German and Italian birth and their children who are citizens of this country by birth. It is then stated that it will first be invoked against applicants of Japanese extraction. By said memorandum, the staff of the Board is directed, in administering the civil service system of the State,

(1) to refuse to take action necessary to permit such citizens to take civil service examinations,

(2) to refuse to Ceres such citizens for State employment where their names are on eligible civil service lists after qualifying therefor by an examination,

(3) to withdraw the names of such citizens from any certifications for employment that have already been made, and

(4) to investigate all such citizens who are now employed by the State.

Order Is Discriminatory

This order will vitally and adversely affect a tremendous number of both natural- ized citizens and native born citizens whose loyalty no one has the right to question without affirmative proof of disloyalty. It attempts to establish different degrees of loyalty and in so doing discriminates against naturalized citizens and citizens by birth of the first generation, in favor of those citizens whose forbears have lived in this country for a greater number of generations. Such distinctions are neither rec- ognized nor sanctioned by any provision of the constitution or by any law, and unques- tionably constitute a violation of the civil | liberties guaranteed to all citizens by the fundamental law of our land.

Violates Civil Service Statutes

In addition to the fundamental questions of rights of citizenship and civil liberties involved, thi§ order is in direct opposition to the letter and spirit of our Civil Service statutes which contemplate an opportunity for public service by all citizens on equal terms. Particularly does this appear when the order is examined in the light of the most recent action of the Legislature on the subject, namely the addition in 1941 of Section 201.5 to the Civil Service Act of this State, which reads:

‘In applying the provisions of this act or in doing any of the things provided for in this act it is unlawful to require, permit or suffer any notation or entry to be made upon or in any application, examination paper or other paper, book, document or record indicating or in any wise suggesting or pertaining to the race, color or religion of any person whomsoever.”’

Action Disrupts National Unity

A substantial portion of the population of California consists of naturalized citizens and citizens born of parents who migrated to this country from foreign lands. They have in the past and do now represent the highest standards of American citizenship. Many of them are now in the armed forces of our government. Some have already — given their lives in our cause. Many of them | —the naturalized citizens—left the countries of their birth for the express purpose of acquiring American citizenship because of their hatred of the tyrannies which we are now fighting. This has intensified their appreciation of American citizenship and increased their loyalty. To question that loyalty or place them in a category different from other citizens is not only cruel in its effect upon them but is also disruptive of the national unity. which is so essential in these times.

It is my conclusion that said order, discriminating as it does against naturalized citizens and against American born citizens of the first generation, violates the civil liberties of citizens as guaranteed by the Constitution of the United States and of this State and is in conflict with our Civil Service Act.

Union Investigates Jehovah's Witnesses Dismissals

The American Civil Liberties Union is4nvestigating the cases of seven Jehovah’s Witnesses, employees of the Pittsburgh Plate Glass Co. in Clarksburg, West Virginia, who were discharged December 15, because of a union dispute arising out of their refusal to salute the flag. The seven Witnesses, five of whom had been working for 5 to 18 years for the company, wcre members of the Window Glass Cutters League of America, A. F. L., which has a closed shop contract with the company. What is known as the “hot end” of the Pittsburgh Plate Glass faetory is under the control of the €.1.0.

A resolution presented before the A.F.L. cutters league at a monthly business meeting on December 14th proposing that the local “‘go on record as not being willing to work with any person refusing to salute the Stars and Stripes,” was tabled by a unanimous vote. The next day,however, members of the C.I.O. whose job is to truck the glass which the Witnesses had cut, refused to do so. The issue was put up to the company which felt compelled to discharge the seven members of the sect, in order not to interfere with production.

THREE MORE EXPULSIONS FOR REFUSAL TO SALUTE THE FLAG

Application of compulsory flag salute regulations against children of Jehovah’s Witnesses, who refuse to salute the flag on the ground that the Bible forbids persons from bowing down before man-made idols, continues unabated in California’s rural communities. On February 11, a freshman at the Del Norte High School, Crescent City, was expelled for refusing to salute the flag. Two expulsions have also been reported from Yreka and Etna.

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